How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 35459
Experience:  Attorney and Real Estate broker -- Retired (mostly)
10097515
Type Your Real Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Hello, I am a single female renting a home through a rental

Resolved Question:

Hello,

I am a single female renting a home through a rental agency. Twice now the actual owner of the home has shown up (or sent friends) without any notice. Once I was home alone in the evening and two men knocked on my door. When I didn't answer they proceeded to walk into my backyard and unlock the padlock to my shed. When I went to see what was going on they said they were friends of the owner. They mentioned to him that the grass was getting long so he told them to come over and take care of it. (The yard is my responsibility in the rental agreement) Then yesterday he showed up at my front door with 5 of his buddies. I felt frighted and intimidated. I feel I'm entitled to some compensation, but when I complained to the rental agency all they did was apologize. They seemed quite unconcerned. Really, though, its a breach in the rental agreement. As well as Oregon State Law ORS 90.322.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

What question may I "justanswer" for you concerning your circumstances, this evening?
Customer: replied 1 year ago.

Well what can I do from here? What are the chances of me getting some kind of compensation in court? Are there better steps to take before going to small claims court?

Expert:  socrateaser replied 1 year ago.
Thank you for the question.

At common law, the landlord is committing a trespass. Damages for trespass include any actual damage to land, plus damages for the invasion of the possessor's property rights. This can include punitive damages.

The problem with all of this is that a trespass action does not permit prevailing party attorney's fees. So, if you sue in circuit rather than small claims court, your recover could be completely overwhelmed by the cost of your attorney.

ORS 90.322 provides damages in the amount of one month's rent for each unlawful entry. Since small claims provides up to a $10,000 damage recovery, you could actually get a fair amount of money, depending upon the amount of your rent and the number of charges you make against the landlord.

In my view, you may want to contact a local attorney and have a demand letter written. The idea would be to entirely avoid any court action and get sufficient damages to dissuade the landlord from bothering you further. If that doesn't work, then I would seriously consider the small claims route before trying to bring a circuit court action. I just don't think you will be able to amass sufficient damages to make hiring a lawyer and actually suing in circuit court a viable alternative.

Please let me know if I can be of further assistance.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 35459
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 5 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    5390
    17 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5390
    17 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    6607
    14 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry Esquire's Avatar

    Dimitry Esquire

    Attorney

    Satisfied Customers:

    5178
    JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4883
    I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4820
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    3073
    Qualified attorney in private practice including business, family, criminal, and real estate issues.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2574
    12+ yrs. of experience including real estate law.
 
 
 
Chat Now With A Real Estate Lawyer
socrateaser
socrateaser
6381 Satisfied Customers
Attorney and Real Estate broker -- Retired (mostly)